is consistent with Utah's reasonable water conservation policies or objectives;
(C)
is not contrary to the public welfare; and
(D)
does not impair the ability of the state of Utah to comply with its obligation under any interstate compact or judicial decree which apportions water among Utah and other states; and
(ii)
the water can be transported, measured, delivered, and beneficially used in the recipient state.
(2)
In reviewing the criteria of Subsections (1)(b)(i)(B) and (1)(b)(i)(C), the state engineer shall consider the following factors:
(a)
the supply and quality of water available to the state of Utah;
(b)
the current and reasonably anticipated water demands of the state of Utah;
(c)
whether there are current or reasonably anticipated water shortages within Utah;
(d)
whether the water that is the subject of the application could feasibly be used to alleviate current or reasonably anticipated water shortages within Utah;
(e)
the alternative supply and sources of water available to the applicant in the state where the applicant intends to use the water; and
(f)
the demands placed on the applicant's alternate water supply in the state where the applicant intends to use the water.
(3)
If any application fails to meet any criteria of Subsection (1), it shall be rejected.
(4)
The state engineer may condition any approval to ensure that the use of the water in another state:
(a)
is subject to the same laws, rules, and controls that may be imposed upon water use within the state of Utah; or
(b)
is consistent with the terms and conditions of any applicable interstate compact to which the state of Utah is a party.
Section 3a-108 ("Approval of applications -- Criteria.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 3a-108?
A common citation format is "Utah Code § 3a-108" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 3a-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
